United States v. Byron Felix Kalama

Good Law
549 F.2d 594
United States Court of Appeals for the Ninth CircuitJanuary 12, 197776-1786California1,324 words

Opinion

Opinion

Trask, J.

This is a criminal appeal from a verdict of guilty on a seven-count indictment. The charges against appellant concern the unlawful possession and making of firearms in violation of 26 U.S.C. § 5861 (d) and (f) and 18 U.S.C.App. § 1202(a)(1).

During August and September of 1975, a series of armed robberies of taverns in northern Oregon took place. On September 17, 1975, appellant and one Chris Stacona were arrested by local authorities at a tavern in Portland and a key to a motel room was found on Stacona’s person. Subsequently, warrants were issued directing the search of the motel room and appellant’s car.

The search of the motel room, Room 123 of the Flamingo Motel in Portland, yielded four sawed-off weapons, including all those described in the indictment. The search of appellant’s automobile produced an automatic pistol and ammunition.

On September 30, 1975, a warrant was issued directing the search of the appellant’s home on the Warm Springs Indian Reservation. That search yielded parts of firearms as well as tools used in the manufacture of firearms. During the trial, a government expert offered testimony linking the tools and parts found in the shed to the firearms…

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